Amit Sah @ Amit Kumar @ Antu @ Amtua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4595 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== AMIT SAH @ AMIT KUMAR @ ANTU @ AMTUA S/o Late Suryanarayan Shah R/o Village- Daniyalpur (Sonar Toli), P.S.- Teghra, District- Begusarai. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kranti Devi Ratan Das Village-Daniyalpur,Ward No-06,P.S-Teghra,DistrictBegusarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shubhesh Pandey, Adv.

For the Respondent/s :

Mrs.Usha Kumari No.1, Spl.P.P.

Mr.Braj Bhushan Poddar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2022 Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned Spl.P.P. for the State. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 26.08.2021, passed by learned Additional Sessions -cumSpecial Judge SC/ST (POA) Act, Begusarai, in connection with Teghra P.S. Case No.82 of 2021, registered under sections 341, 323, 326(A), 504, 506, 354, 34 of the IPC and section 3(1)(r)(s)(w)/ 3(2)(Va) of the SC/ST (Prevention of Atrocities)

Patna High Court CR. APP (SJ) No.4595 of 2021(3) dt.13-04-2022 2/3 Act.

Allegedly, the accused persons used to tease the informant's daughter and when the informant and her husband went to raise objection, then all the named accused persons including the appellant attacked over them and also threw acide over their body.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever taken place. Appellant has been falsely implicated in the case. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There is a case and counter case between the parties and in the alleged occurrence, both sides have sustained injuries. It is further submitted that the parties have compromised the case. The appellant has been languishing in custody since 26.08.2021.

Learned counsel for the respondent no.2 has fairly submitted that there is a compromise between the parties. In the facts and circumstance of the case, since the parties have compromised the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special

Patna High Court CR. APP (SJ) No.4595 of 2021(3) dt.13-04-2022 3/3 Judge SC/ST (POA) Act, Begusarai, in connection with Teghra P.S. Case No.82 of 2021.

The impugned order is accordingly set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) pallavi/- U T